A dealer may bring an action in a court of competent jurisdiction to obtain payment of a warranty claim submitted under this chapter to a supplier if a supplier:
Terms Used In Utah Code 13-14b-105
dealer: means a person or any other entity having a dealer agreement for selling and retailing:
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Supplier: includes :
(i)
any successor in interest, including a purchaser of assets or stock; and
(ii)
a surviving corporation resulting from a merger, liquidation, or reorganization of the original supplier that issued the warranty. See Utah Code 13-14b-102
Warranty claim: means a claim for payment submitted by an equipment dealer to a supplier for service or parts, or both, provided to a customer under a:
fails to make payment in accordance with the provisions of this chapter;
(b)
wrongfully rejects the dealer’s warranty claim; or
(c)
violates any other provision of this chapter.
(2)
The court shall award the dealer costs and reasonable attorney’s fees if it finds that the supplier has committed a violation under Subsection (1)(a), (b), or (c).
